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Bronx Ironworker In Construction Accident Wins Big Decision

Posted on Mar 24, 2010
On June 28th of 2003, Hugh Gallagher, an ironworker at a Bronx construction site, fell through a floor while he was attempting to hold onto a jammed power saw. He started his lawsuit against the owner of the property and he attempted to file a motion for suumay judgement which the Supreme Court denied. The reasoning had to do with a prior accident and whether Mr. Gallagher returned to work prematurely which could have been the sole cause of the accident. The Appellate Division agreed with the Supreme Court based on a diifferent reason. It was their belief that the testimony was conflicting as to whether Mr. Gallagher should have used safety equipment which was supposedly on the property. The Court of Appeals reversed and said summary judgement should have been granted for Mr. Gallagher as there was no evidence that he was aware of any safety equipment on the premises and thus owners were in violation of Labor Law 240 which provides strict liabilty against the owner for failure to provide safety equipment.

If you have been involved in a construction accident on Long Island or in New York City call our office for a FREE report on How To Hire An Accident Lawyer.

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